Terms of Service

These terms are an agreement between you and Scaleur LLC, a New Jersey limited liability company at 527 Oldbridge Turnpike, East Brunswick, NJ 08816 (“Scaleur”, “we”). By creating an account or using the service, you agree to them. If you are agreeing on behalf of a business, you confirm you may bind that business.

The service

Scaleur provides sales pipeline management, scheduling, calling and messaging, payment tracking, and reporting. We may add, change, or remove features; we will not materially reduce what a paid plan includes during a billing period you have already paid for.

Your account

• You are responsible for activity under your account and for your team members' use.
• Keep credentials secure and tell us promptly if you suspect unauthorised access.
• You must be 18 or older and use Scaleur for business purposes.

Your data

Your data stays yours. You grant us only the permission needed to host and process it so the service works. We do not sell it, and we do not use one customer’s data to benefit another. You can export it while your account is active, and request deletion as described in the Privacy Policy.

Calling, texting, and recording — your obligations

Scaleur gives you the tools; how you use them is your responsibility, and this is the clause that matters most in practice. You agree that you will:

• Contact only people you have a lawful basis to contact, and honour opt-out and do-not-call requests promptly.
• Comply with the telemarketing and messaging rules that apply to you, including consent, identification, and quiet-hours requirements.
• Where you enable call recording, inform participants as the law requires — in some places every party must be told.
• Obtain any consent required before importing someone's information into Scaleur.

You are responsible for messages and calls made from your workspace, including those sent by automations you configure. Telephony providers may suspend numbers that generate complaints; we may suspend a workspace that puts the platform or other customers at risk.

Text messaging (SMS) program terms

Scaleur sends conversational text messages to its own prospects and customers — appointment confirmations, reschedule requests, and follow-ups about Scaleur services you asked about. By opting in — entering your phone number and agreeing to be contacted, or asking to be texted — you consent to receive these messages from Scaleur at the number you provided.

• Message frequency varies based on your interactions.
• Message and data rates may apply, depending on your mobile carrier’s plan.
• Reply STOP at any time to cancel and receive no further messages. Reply START to resubscribe.
• Reply HELP for help, or contact support@scaleur.com.
• Consent to receive text messages is not a condition of any purchase.
• Carriers are not liable for delayed or undelivered messages.
• Mobile opt-in data is never shared with or sold to third parties for their marketing — see our Privacy Policy.

Acceptable use

Don’t use Scaleur to send unlawful, deceptive, or harassing communications; to break into or overload the service; to resell it without agreement; or to store data you have no right to hold.

Third-party services

Scaleur connects to services you choose — telephony, calendar, payment providers. Those have their own terms and their own charges, which are between you and them. If you connect your own provider account, its usage costs are yours.

Fees

Paid plans are billed in advance on the cycle shown at checkout and renew until cancelled. Cancelling stops the next renewal; it does not refund the current period unless the law says otherwise. Fees exclude taxes. Usage charged by connected providers is separate.

Availability

We work to keep Scaleur available and to warn you before planned maintenance, but we do not promise uninterrupted service unless a separate written agreement says so.

Termination

You may stop at any time. We may suspend or end an account that breaches these terms, that puts the service or others at risk, or for non-payment — with notice, except where the risk requires acting first. After termination you have 30 days to export your data before we delete it.

Your promises about how you use it

Because Scaleur places calls, sends messages, and records audio on your behalf, you represent and warrant that:

• You have the lawful basis and any required consent to contact every person you contact through Scaleur, and to store their information in it.
• You will comply with the telemarketing, messaging and email laws that apply to you — including, in the United States, the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and do-not-call rules, and state call-recording consent laws.
• You will honour opt-out, unsubscribe and do-not-call requests promptly, including for messages sent by automations you configure.
• You will announce call recording wherever the law requires participants to be informed.

Indemnity

You will defend, indemnify and hold harmless Scaleur, its owners, employees and suppliers against any claim, demand, penalty, loss or expense (including reasonable legal fees) arising out of or relating to:

• your use of the calling, messaging, email or recording features — including any claim under the Telephone Consumer Protection Act, CAN-SPAM, or any state telemarketing, do-not-call or recording-consent law;
• the content of anything you send through Scaleur;
• information you upload or import that you had no right to hold or process;
• your breach of these terms or of any law applicable to your use of the service.

We will tell you promptly about any claim covered by this section and let you control the defence, provided any settlement that admits fault on our part, or imposes an obligation on us, needs our written agreement first.

Disclaimers and liability

Scaleur is provided “as is”, without warranties beyond those the law requires. To the extent the law allows, we are not liable for indirect or consequential losses, including lost profits or lost data, and our total liability for any claim is limited to the fees you paid in the 12 months before it arose. Nothing here limits liability that cannot lawfully be limited.

Governing law and disputes

These terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. You and we agree to try in good faith to resolve any dispute informally first — write to us, and we will write back.

If that fails, any dispute will be resolved by binding individual arbitration administered under the rules of a recognised arbitration body seated in the State of New Jersey, rather than in court, except that either party may bring a claim in small-claims court, and either party may seek an injunction to protect intellectual property or stop misuse of the service. Disputes are brought individually: neither of us may bring a class action or act as a representative of others.

Data protection

Where you use Scaleur to process personal information about your own prospects and customers, you are the controller of that information and we process it on your instructions. Our Data Processing Agreement forms part of these terms and describes how, including the sub-processors we use and what happens to your data when you leave.

The rest

• Assignment. You may not transfer this agreement without our consent. We may transfer it to a successor if the business is sold, and we will tell you.
• Severability. If a court finds part of these terms unenforceable, the rest stays in force.
• No waiver. If we don’t enforce something immediately, we haven’t given up the right to enforce it later.
• Events outside our control. Neither party is liable for failures caused by events beyond reasonable control — outages at infrastructure providers, network failures, natural disasters.
• Entire agreement. These terms, the Privacy Policy and the DPA are the whole agreement between us about Scaleur.

Changes

We may update these terms; we will post the new date and notify account holders of material changes before they take effect. Continuing to use Scaleur after that means you accept them.

Contact

support@scaleur.com